Navigating a New Spouse’s Income After Remarriage in Support Applications
The divorce decree is final, but life goes on—and often, remarriage happens. When a parent or former spouse files an application to modify child support or alimony (a Lepis changed circumstance application), one of the biggest hurdles is getting a clear picture of their income, especially if they are now filing a joint tax return with their new spouse.
While the law is clear that a new spouse is not obligated to support their partner’s children from a previous relationship, their shared finances complicate the process of determining the parent’s income.
The Legal Tightrope: Privacy vs. Discovery
When seeking a modification of support, a party is required to provide an updated Case Information Statement (CIS), which includes attaching their tax returns. If the party is Married, Filing Jointly with their new spouse, those returns inevitably contain the third party’s private financial information.
There is a critical balance:
- Privacy Protection: The new spouse has a legitimate expectation of privacy in their income and finances.
- Right to Information: The requesting party (the former spouse) has a right to the information necessary to calculate the obligor party’s true net income for support purposes.
The solution mandated by the court is redaction. The joint tax return must be provided, but any matters relating to the new spouse’s income or finances must be excised (removed).
The Redaction Dilemma: Easier Said Than Done
Our Court Rules place the responsibility for redaction on the taxpayer or their attorney. However, simply blacking out figures can lead to problems:
- Risk of Over-Redaction: Removing a line item, like the total wages listed on Line 1 of a 1040, removes both the new spouse’s income and the obligated party’s income, rendering the document useless.
- Skewed Net Income: If a party simply provides their individual W-2 wages and assumes the full joint tax liability from the joint return, it will artificially deflate their net income. This results in an inaccurate and improper calculation of available funds for support.
The Professional Solution
To achieve a true and reliable representation of the obligated party’s income, experienced family law attorneys, who have the knowledge to navigate our precedential case law and court rules, can suggest effective approaches to protect the third party income while still accurately providing the party’s true income as required by our law.
The Separate Relevance of Household Contributions
Even if a new spouse’s direct income is redacted, their contribution to household expenses and lifestyle remains relevant in certain support applications.
In Hudson v. Hudson (1998), the Appellate Division confirmed that a new spouse’s income can be considered in the determination of the parent’s “financial resources” and their ability to contribute to expenses like college.
The logic is simple: If a new spouse pays the mortgage, utility bills, or other significant household expenses, it effectively frees up the obligated party’s individual income, increasing their overall financial capacity.
When finances are deeply intertwined (joint accounts, shared debts, and shared payment of expenses), the financial benefit a party receives may need to be examined through other discovery methods, such as:
- Bank Account Statements
- Credit Card Statements
- A comparison between the monthly expenses listed on the CIS and the actual payment of those expenses.
The ultimate focus, however, remains fixed on the legal principle: a new spouse’s contribution to the household does not create an obligation for them to share in the parent’s legal support responsibility.
Need Assistance Navigating Support Modifications?
Disclosing financial information after remarriage is highly technical and fraught with potential conflict. It requires experienced legal counsel to ensure that the process is handled properly, protecting your new spouse’s privacy while fulfilling your legal disclosure obligations.
Hagan, Weisberg & Nunn is ready to help you navigate the complexities of Lepis applications and changed circumstance matters.
